Medical Torture

Medical ethics and international law

• The Hippocratic Oath makes explicit statements against deliberate harm not in the patient's best interests. These statements are often translated as "I will prescribe regimens for the good of my patients according to my ability and my judgement" and "to never deliberately do harm to anyone, for anyone else's interest." (Note: these statements are formulations of the ethical principles of beneficence and non-maleficence.)
• In response to the Nazi human experimentation on prisoners, which were declared at the Nuremberg Trials to be "crimes against humanity", the World Medical Association developed the Declaration of Geneva to supplant the dated Hippocratic Oath. The Declaration of Geneva requires medical practitioners to state "[I, the medical practitioner] will maintain the utmost respect for human life from its beginning even under threat and I will not use my medical knowledge contrary to the laws of humanity".
• The Nuremberg Trials also led to the emergence of the Nuremberg code which explicitly outlines the boundaries of acceptable medical experimentation.
• Additionally in response to the Nazi atrocities, the Fourth Geneva Convention of 1949 outright prohibits the torture of prisoners of war and other protected non-combatants.
• The World Medical Association Declaration of Tokyo (1975) http://www1.umn.edu/humanrts/instree/tokyo.html makes a number of specific statements against torture, including "The doctor shall not countenance, condone or participate in the practice of torture".

Asserted instances of medical torture

• Between 1937 and 1945, Japanese medical personnel who were part of Unit 731 participated in the torture killings of as many as 10,000 Chinese prisoners during the second Sino-Japanese War.
• During World War II, the Nazi regime in Germany conducted human medical experimentation on large numbers of people held in its concentration camps. In particular, Josef Mengele's experiments on prisoners at Auschwitz earned him the nickname "the Angel of Death".
• Japanese surgeons also performed vivisection and other medical experiments to torture American prisoners of war in several islands of the Pacific. http://www.crimesofwar.org/thebook/medical-experiments.html http://www.nopukob.com/id27.htm
• Between 1970 and 1971, mentally disorienting interrogation techniques were used against interned prisoners captured in Northern Ireland, including white noise. The Irish government complained to the European Commission for Human Rights, who found Britain guilty of torture, however the higher European Court of Human Rights ruled that the British government's actions were "inhuman and degrading but did not constitute torture". http://www.bbc.co.uk/history/war/troubles/origins/internment.shtml
• An Israeli medic was convicted of negligence for refusing to treat interrogated Palestinian detainee Mahmud Al-Masri for a burst ulcer, 24 hours before his death on March 6, 1989 at Gaza Prison. It was claimed by pro-Palestinian sources that this constituted medical torture, however this categorisation is disputed by pro-Israeli commentators, and those who consider it dereliction of duty rather than deliberate torture.
• In 1978, "Pisaot menuh" ("Human Experiments") were performed on seventeen political prisoners held at the infamous prison S-21 in Phnom Penh under the Khmer Rouge.
• A study called "The aVersion Project" found that gay conscripts in the South African Defense Forces (SADF) during the apartheid era had been forced to submit to "curing" their homosexuality, both by electroshock therapies and by botched sex changes.
• There have been numerous claims that electroconvulsive therapy and prefrontal lobotomies and similar psychiatric treatments have sometimes been performed not in the patient's best interests, but rather as punishment for misbehaviour or to otherwise make the patient easier to manage. Some claim that such actions constitute medical torture. Some governments (e.g. Norway) have since begun paying reparations to patients who suffered such abuses.

Asserted instances of medical complicity in torture

• A report in The Lancet states that U.S. military doctors and other medical personnel in Iraq were aware of and complicit in the 2003-2004 Abu Ghraib prisoner abuse. According to the article, none of the approximately 70 medical staff who were aware of the torture reported it prior to the official investigation in January 2004. It also states that medical staff conspired to cover up the abuse by falsifying medical records and death certificates.
• A 2005 report by Human Rights Watch suggested that torture was routine under the appointed Iraqi government. Human Rights Watch Report
• Dr. J.C. Carothers, British colonial Kenyan psychiatrist, has been implicated in designing interrogation of Mau Mau prisoners.
• Ngwazi Dr. Hastings Kamuzu Banda of Malawi, Francois "Papa Doc" Duvalier of Haiti and Radovan Karadzic of Serbia were all doctors prior to becoming dictators in their respective countries. Critics argue that the violence, death and torture they condoned as political leaders conflicts with their pledge to uphold medical ethics when they were doctors.
• Similarly, it has been implied that Interim Iraqi Prime Minister Dr. Ayad Allawi violated his obligation to medical ethics whilst serving as Western European chief of secret police for the Baathist government of Saddam Hussein. However, the same sources allege that Allawi had abandoned his medical education at that point and his medical degree "was conferred upon him by the Baath party." http://www.newyorker.com/fact/content/?040628fa_fact.

Medical torture in fiction

• Actor Michael Palin plays a medical torturer in Director Terry Gilliam's 1985 dark comedic dystopian film Brazil.
• Actor Gregory Peck plays Nazi medical torturer Josef Mengele in Director Franklin J. Schaffner's 1979 The Boys from Brazil.
• Actor Laurence Olivier plays a Nazi torturer dentist Christian Szell in Director John Schlesinger's 1976 Marathon Man.
• The film One Flew Over the Cuckoo's Nest, starring Jack Nicholson, shows abuse of psychiatric techniques including electroconvulsive therapy and lobotomy.

See also

• Declaration of Helsinki
• Doctors' Trial
• Geneva Convention
• Medical ethics
• Nuremberg Principles
• Universal Declaration of Human Rights

Sources

• Dr. J.C. Carothers, M.B. D.P.M. 1954. The Psychology of the Mau Mau. Government Printer, Nairobi, Colony and Protectorate of Kenya.
• Carolina Elkins. 2005. Imperial Reckoning: The Untold Story of Britain's Gulag in Kenya. New York: Henry Holt. ISBN 0805076530.
• Steven H. Miles, Abu Ghraib: its legacy for military medicine; The Lancet volume 364 issue 9435, page 725 (August 2004) http://www.thelancet.com/journal/vol364/iss9435/full/llan.364.9435.review_and_opinion.30574.1
  Related editorials:
• The Lancet editorial staff, How complicit are doctors in abuses of detainees?; The Lancet volume 364 issue 9435, page 637 http://www.thelancet.com/journal/vol364/iss9435/full/llan.364.9435.analysis_and_interpretation.30569.1
• Harvey Rishikof and Michael Schrage, Technology vs. Torture; Slate, August 18, 2004. http://slate.msn.com/id/2105332/
• CNN editorial staff, Ethicist questions medical workers' role in abuse.; CNN.com, August 19, 2004. http://www.cnn.com/2004/WORLD/meast/08/19/doctors.torture/
• John Carvel, Abu Ghraib doctors knew of torture, says Lancet report; The Guardian, August 20, 2004. http://www.guardian.co.uk/Iraq/Story/0,2763,1287158,00.html
• Mikki van Zyl, Jeanelle de Gruchy, Sheila Lapinsky, Simon Lewin and Graeme Reid, The Aversion Project--psychiatric abuses in the South African Defence Force during the apartheid era.; South African Medical Journal volume 91 issue 3, page 216 (March 2001) http://www.mask.org.za/sections/AfricaPerCountry/southafrica/aversion.pdf http://www.gala.wits.ac.za/archives_a.htm
  Related editorials:
• Paul Kirk, Apartheid army forced gay soldiers into sex change operations; Daily Mail & Guardian, July 28, 2000 http://www.q.co.za/news/2000/07/000728-sexchange1.htm
• Ana Simo, South Africa: Apartheid Military Forced Gay Troops Into Sex-Change Operations, The Gully, August 25, 2000 http://www.thegully.com/essays/africa/000825sexchange.html
• S. Predag, South African Gays Terrorized During Apartheid Era; Lesbian News, volume 26 issue 3 (October 2000)
• Ben Kiernan, The Pol Pot regime: Race, Power, and genocide in Cambodia under the Khmer Rouge, 1975-1975; Yale University Press, 2002. pp. 438-439. http://www.yale.edu/gsp/publications/slaughter.html
• Joost R. Hiltermann. "Deaths in Israeli Prisons." Journal of Palestine Studies. Spring 1990. Vol. 19: Issue 3. pp. 101-110.
• Eliott Valenstein. Great and Desperate Cures: The Rise and Decline of Psychosurgery and Other Radical Treatments for Mental Illness (Basic Books, 1986).
• Stephen N. Xenakis. "From the Medics: Unhealthy Silence." The Washington Post. Feb. 6, 2005. p. B4. http://www.washingtonpost.com/wp-dyn/articles/A359-2005Feb5.html

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